Coast Capital Equipment Finance Ltd. v. Old Republic, 2018 ONCA 540

This appeal dealt with whether the lessor, Coast Capital, was insured for third party liability. 62254641 Canada Inc., a trucking company, leased a tractor from a third party. Old Republic issued a Certificate of Automobile Insurance which listed that vehicle. The Certificate included a description of lessors which stated “as per OPCF 5 Forms”. An OPCF 5 endorsement expressly allows a lessor to lease a vehicle to a lessee who has completed an application and provides coverage to a lessee as if he were the named insured. If an OPCF 5 is part of the policy, both the lessor and the lessee benefit from third party liability insurance. The Court of Appeal held that Old Republic, by adding the phrase “as per OPCF 5 Forms” to the Certificate, intended to provide coverage to both the lessor and the lessee. The Court attached no significance to Old Republic’s failure to attach a physically separate copy of the OPCF 5 endorsement to the Certificate.